Liquor licensed approved for Allsup's

No objection from nearby churches

By Dianne Stallings

dstallings@ruidosonews.com @RuidosoNews on Twitter

Posted:
11/14/2013 03:33:52 PM MST

Despite objections raised by the owner of a nearby dance studio, Ruidoso village councilors Tuesday approved the transfer of ownership and location of a dispenser liquor license with package sales to the Allsup's convenience store at the intersection of 311 Sudderth Drive and Mescalero Trail.

The 4-1 vote with Councilor Denise Dean casting the only negative, clears the way for state approval of the license for the store, which is close to several churches.

Dean pointed out that the dance school owner just moved into City Bank building and "spent a lot of money. I understand her concern." Dean said she received responses from other people not in favor of the transfer. "So, I just would not be in favor of this at this time," she said. Allsup's also is asking for a waiver because it is too close to a church, she noted.

The applicant requested a waiver because the location is within 300 feet of a church, a basis for rejection. Information filed with the request lists the distance as 114.7 feet from the Ruidoso Baptist Church on Church Drive and within 1,400 feet of the Nob Hill Early Childhood School on Sutton Drive. An Episcopal Church also is nearby, but no objections were filed by the religious organizations, according to the village clerk.

Contacted Thursday, Pastor Wayne Joyce of the Ruidoso Baptist Church said he was unaware of the application for the liquor license. When he was with another church years ago, the law prohibiting liquor sales within the vicinity of a church prevented a license from being granted to Brewer Oil's convenience store, he recalled

Advertisement

"The law is you can't be close to a church and I don't approve of it," he said. "I wouldn't have approved the license. As far as getting a waiver, I don't think it's right to do that. I wasn't aware of the application and didn't realize what was going on. We're right across the street from the (store) and I didn't have any information about it and therefore, didn't voice anything, any opposition. I would think they would have to let a church know."

About 15 years ago, a package liquor license was rejected for the Brewer Oil convenience store farther north on Sudderth Drive, because it was across the street from Gateway Church of Christ and a block away from what then was a middle school, but now is closed with a portion used for the Ruidoso Boys and Girls Club.

Documents with the application list the current owner of the existing license being transferred to Allsup's as Cattle Baron Restaurants Inc., doing business as Farley's in Ruidoso. The property is zoned for C-2, community commercial, which is designed "to provide low-intensity retail or services outlets that deal directly with the consumer for whom the goods or services are intended. Restaurants, bars and package liquor sales specifically are allowed uses within that zoning district.

The council can reject a license transfer, if the issuance would be detrimental to the "public health, safety or morals" of the residents in the area. The council's approval will be followed by state Alcohol and Gaming Division action, which already reviewed the application and forwarded it on Oct. 17, to the village for approval or rejection.

Village Clerk Irma Devine included a copy of an objection letter from Deborah Rogers of the Ruidoso Dance Ensemble with 1 1/2 pages of signatures in opposition submitted to the state in September when officials there were considering a public hearing, the clerk said. Rogers, the ensemble's artistic director, objected to the transfer, because she contended it would create an unsafe environment for the students who attend the dance school. She pointed to a habitual problem with foot and vehicular traffic at Walgreen's, which sells liquor.

"My parking lot is literally three feet from their building," she wrote of the convenience store. "The students come and go all evening until after 9 p.m. Just last week, I called the Ruidoso police to escort me to my car, which was parked right at my front door. There were two men hanging around my vehicle and I did not feel safe going to me car alone.

"I can only imagine how devastating things could potentially be if this liquor license is granted to Allsup's."

Ed Tatum, general counsel for Allsups, told councilors company officials pride themselves on being good corporate citizens throughout the state. Employees follow state law or find themselves unemployed, he said.

Allsup's operates 300 stores in 160 towns, according to information on the company website.

The Allsup's stores in Ruidoso have operated locally many years, he said. They essentially are mini-groceries.

Councilor Gloria Sayers asked about the lighting in the store parking lot and how loitering could be avoided.

Tatum said the lot is "extremely well lit," which helps maintain discipline. Staff does not hesitate to call the police when warranted, he said.

In another liquor license issue, councilors approved a new restaurant beer and wine liquor license for Sierra Blanca Brewing Co. Inc. to be used at Rio Grande Grill & Tap Room at 441 Mechem Drive in the former Landlocked restaurant location, and a new small brewer off-site liquor license with on-premise consumption and package sales for the same company at the same grill-and-tap site. No objections were filed.